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Changing the venue of a criminal case

| Oct 27, 2020 | Criminal Defense |

If and when you find yourself facing criminal charges in New York, your hope is that you will have a fair and impartial audience to which you and your representation can argue your case. Unfortunately, depending on the notoriety of your case, that may be difficult. 

Many come to us here at Robert D. Didio & Associates in such a situation asking about the potential of seeking a change of venue. Such a request may seem simple, yet as is the case with many matters related to criminal proceedings, it rarely is. 

Grounds for granting a change of venue

Your request for a change of venue in your case will not merit consideration if you simply do not want your case argued in the jurisdiction in which your arrest occurred. Rather, for court authorities to consider your petition, Section 230.20 of New York’s Criminal Procedure Law states that there must be a reasonable argument that there is no guarantee of finding a fair and impartial jury to hear the case. Like most, you may assume that only you (as a defendant) can request a change of venue. Yet that is not the case. Indeed, if the prosecuting attorney in your case has their own reason to believe it cannot find a jury that may view its presentation of your case fairly, they can also seek a change of venue. 

Accommodating a change of venue request

If authorities grant the change of venue request in your case, one of two things may happen. The first would be to actually move the venue of your case to another county. The other would be to keep your case in the jurisdictional county and expanding the potential jury pool to include people from other counties. 

You can find more information on presenting a defense to your criminal case throughout our site. 

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